Los Angeles daily herald., 1887-08-09

Mr.. Diehl, of counsel for the defense,
then polled the jury and made the
opening statement, saying: Before
going into our defense of this action,
it is proper that we should tell you
what we expect to prove in this case.
Gentlemen, we expect to prove that
on the 11th of last May this defend
ant, Grettie Rozelle, was reclining on
her bed in her room when she was
awakened The noise of man enter
ing her room at the time awakened
her. She saw the man. She asked
him what he wanted there. She was
told to keep still; that harm would
not fall to her. We expect to prove
that this man persisted in forcing an
entrance, and that he finally embraced
her; that she screamed for help, and
that then she tried to escape from the
window. We expect to prove that
being forced toward her bed by this
man, whom we will prove is Petrie,
Mrs. Rozelle grabbed a glass of sui
phuric acid and dashed it into his
face. We expect to prove that this
acid was and had been used by Mrs.
Rozelle for the purpose of polishing
abalone shells. We expect to prove
that this defendant threw that vitriol
in self-defense."
CONSTABLE ED. SMITH,
of the City Court, was first called,
and testified as follows: On the morn
ing of May 10Th l went down to Mrs.
Rozelle's house, accompanied by n
HERALD reporter. Got there about 8
O'Clock, and arrested Mr.. and Mrs.
Rozelle. We went to East Los An
geles to see an attorney. We returned
to the house, and l stayed there all
night. / found the room spattered all
over with some substance, and large
hole was burned in the carpet. The
witness described how the room was
furnished and the location of the diff
ferent objects. When / examined the
room Mr.. and Mrs Rozelle were pres
ent. | asked them nothing about the
case, for it was none of my business.
l examined the room subsequently,
but found nothing new. l shovel
the spots to different people. Mrs.
Rozelle did not explain to me how the
spots got there. Some books were also
spattered and l packed them in
trunk. Witness recognized several of
the books shown by counsel. The
volumes were offered in evidence.
The witness was not cross-examined.
TRs. WHITNEY
Was next called Know 129 College
street and have been in Mrs. Rozelle's
room. Have seen books there, which
were lying on the floor, between the
foot of the bed and the bureau. 1t was
the customary place for them to be
kept. l have borrowed books from
Mrs. Rozelle and they were taken
from that place. The witness was not
cross-examined.
ERs. MARTIN
Was next sworn. Know Mrs. Rozelle.
We have always been on friendly
terms. l have been in Mrs. Rozelle's
room. Called there when Mrs. Ro-
zelle was sick. called again to col
lect the rent, which was paid. A few
days after the trouble l went into the
room while Constable Smith was
there. Saw the spots on the carpet.
Since Mrs. Kozelle left my house l
have changed the furniture which was
formerly in her room.
Norman Martin recalled. Have
been in Mrs. Rozelle's room. The
witness said that he "didn't know
anything" and he was withdrawn.
The defense then asked that the
jury be escorted to No. 129 College
street, and be shown the room where
the vitriol was distributed. The Dis
trict Attorney said that it would take
one hour and fifteen minutes, but the
defense asserted that it would take
one minute longer. Counsel for the
defense asserting, then went into
exec tive session to select an officer
to accompany the jury. They sug-
gested Constable Smith, but the Dis
trict Attorney objected. Deputy Con-
stable Hunter was suggested but the
prosecution again objected. The
Court suggested Alex Martin, but
neither side favored his name. The
Court then appointed Deputy Clerk
Ward to conduct the jury to the house
where Petrie was decorated, and then
continued the case until 8 o'clock this
morning.